---
kind: "section"
citation: "42 C.F.R. § 488.865"
title: "42"
number: "488.865"
heading: "Termination of provider agreement."
url: "https://uscodex.org/cfr/42/488.865"
---

# §488.865. Termination of provider agreement.

- (a) **Effect of termination by CMS.** Termination of the provider agreement ends—
  - (1) Payment to the HHA; and
  - (2) **Any alternative sanction(s).**
- (b) **Basis for termination.** CMS terminates an HHA's provider agreement under any one of the following conditions—
  - (1) **The HHA is not in compliance with the conditions of participation.**
  - (2) **The HHA fails to submit an acceptable plan of correction within the timeframe specified by CMS.**
  - (3) **The HHA fails to relinquish control to the temporary manager, if that sanction is imposed by CMS.**
  - (4) The HHA fails to meet the eligibility criteria for continuation of payment as set forth in [§ 488.860(a)(1)](/cfr/42/488.860.md?p=a-1).
- (c) **Notice.** CMS notifies the HHA and the public of the termination, in accordance with procedures set forth in [§ 489.53](/cfr/42/489.53.md) of this chapter.
- (d) **Procedures for termination.** CMS terminates the provider agreement in accordance with procedures set forth in [§ 489.53](/cfr/42/489.53.md) of this chapter.
- (e) **Appeal.** An HHA may appeal the termination of its provider agreement by CMS in accordance with [part 498](/cfr/42/part498.md) of this chapter.

## Notes

### Source

Source: 77 FR 67165, Nov. 8, 2012, unless otherwise noted.

### Authority

Authority: 42 U.S.C 1302 and 1395hh.

### Source

Source: 53 FR 22859, June 17, 1988, unless otherwise noted.